Corps of Engineers OCS Authority

Monday, April 18, 2005
The U.S. Court of Appeals for the First Circuit ruled that the U.S. Army Corps of Engineers has authority under the Rivers and Harbors Act of 1899, as amended, to issue permits for structures to be constructed on the U.S. Outer Continental Shelf (OCS) that may impact navigation on waters over the OCS. In the instant case, a company applied for a permit to construct and operate a data tower in Nantucket Sound. The data tower was to be used to determine the feasibility of constructing a large wind farm in the area. After analyzing the application, the Corps granted the permit, with conditions. Plaintiffs brought suit, contending, among other things, that the Corps’ authority over the OCS extended only to structures to be built for the purpose of exploring for, developing, or producing resources from the OCS. The court, after analyzing the legislative history of the 1978 amendments to the Outer Continental Shelf Lands Act (OCSLA), ruled that the Corps’ permitting authority applies to all artificial islands and fixed structures on the OCS, without regard to their purpose. Alliance to Protect Nantucket Sound, Inc. v. U.S. Army Corps of Engineers, No. 03-2604 Source: HK Law
Maritime Reporter June 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

GTT Wins DSME Order for 9 More Icebreaking LNGCs

Gaztransport & Technigaz (GTT), a designer of membrane containment systems for the maritime transportation and storage of Liquefied Natural Gas (LNG), announced

Wilhelmsen Secures Inert Gas System Orders

Breakthrough order in Japanese shipbuilding market sees largest ever capacity Maritime Protection IG units delivered for leading domestic owners. Wilhelmsen

Abu Dhabi Ports Shift Far More Breakbulk Cargo

Abu Dhabi Ports Company (ABPC) says that general cargo moving through Abu Dhabi’s commercial Ports has increased by 37% this year. ADPC’s commercial ports (Musaffah,

Legal

House Subcommittee Hearing Highlights “Dismal State” of U.S. Icebreaking Capability

At the July 23, 2014, hearing of the House Subcommittee on Coast Guard and Maritime Transportation on “Implementing U.S. Policy in the Arctic” the committee chairman, Rep.

Iraqi Kurdish Oil Nears US Port Despite Concern in Washington

A tanker carrying crude oil from Iraqi Kurdistan is just two days away from arriving at a U.S. port, according to ship tracking satellites, despite Washington's

Maritime NZ Oil Spill Response Review: Submissions

Maritime New Zealand (MNZ) says it invites submissions on its draft updated New Zealand Marine Oil Spill Response Strategy 2014 (the draft Strategy). The draft Strategy, (available at http://bit.

 
 
Naval Architecture Offshore Oil Pipelines Pod Propulsion Port Authority Ship Electronics Ship Repair Ship Simulators Shipbuilding / Vessel Construction Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1475 sec (7 req/sec)